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CaptainJack

TDIU probility after 23yrs of SSDI

Question

Hello everyone,

Just found out yesterday that my application for increased disability rating from the VA was approved(dated 3/6/18)taking me from 50% to 80% with PTSD at 70%.

I will be appealing for secondary conditions to the spine, but the most I can hope for when everything is said and done is 90% rating.

Which brings up TDIU. I have been on SSDI for 23yrs and when I turned 65 on 3/7/18, it rolled over to SS. The only "work" I've done is for a non-profit(for 20yrs)here

locally and that work is six months out of the year. I receive a stipend of $1000. a month for the six months out of the year.

In February of this year, I had to tender my resignation to the group because my disabilities have caught up with me and I can't do the work anymore.

My question for anyone who might have delt with the TDIU process is will they even consider granting me the IU rating given my "work" history and the SSDI?

I've got the 21-8940 sitting in front of me and the work history section is the concern.

Thanks for any input,

Jack

 

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Yes Submit that 21 8940 ASAP Request the IU. or disagree with the decision and request the IU P&T be Awarded based on your S.C 90% DISABILITIES.

   However this should already been requested when you got the 90%.

 if your s.c. disability keeps you from working or doing any type of work  including the work you was doing and had to stop because of your S.C. Disability.

.Now you may need to get a Qualified Dr to give his pro medical opinion that in his opinion after examining you , you can not work due to your S.C. Disabilities. and submit your SSDI Records also.

  being on SSD For 20 years that's along time and you should already be on VA  IU.

Anytime a Veteran can work no matter what the income   the VA is shy with giving the IU.

BUT IU is not a good living b/c   just think about the potential that has been taken away from most of us that can't work or do our jobs we went to school for.

a married veteran with spouse  the IU income is only moderate compared to what we could have been making as an income had we not got injured or disease from the military..so the average  40.000 yearly income from VA is a far cry to what could have been.   SSD also Helps but its still not what we could have made. but anything is better than ...>nothing. 

dreams are shattered. and we take what they give us.

I think they should make a IU vet or scheduler 100% vet comp  income twice the amount they pay out now.

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If you were on SSDI solely for SC PTSD and VA knew that when they gave you the 50% for PTSD, they committed a CUE.

I was at the loocal VAMC many years ago when I overheard a Vietnam vet tell the rep he had SSDI solely for his PTSD ( He was at 30% SC then and apparently was having the rep fill out a request for higher rating," and the rep said..." that is very interesting " and just started talking about something else.

I caught the vet getting into his car a few minutes later and told him to be sure the VA was aware of the SSDI award.

 

At the time the VA was giving me some BS -my husband had died with 2 claims pending (one for higher rating of his 30% SC PTSD) and had been receiving SSDI for PTSD. They said in writing that  SSA refused to  send VA his SSA records. It was absolute BS. They also said they did not have  about a year's worth of extensive psyche records from his VA doctor, to include 6 psyche tests revaling 26 GAF etc.

That was BS too. After a short battle (I was an aggressive claimant) they awarded 100% SC PTSD P & T,with a very favorable EED_-back to the date of his SSDI award date.*

The irony of it all is that SSDI awarded solely on his VA medical records.

* I explained the favorable EED that is awarded under some conditions- when they get receipt of SSDI awards. It is searchable here.

I told the VAMC vet I couldn't help but overhear  the vet rep talking- he said he was surprised the SSDI award he had didnt seem to matter to the rep. I had that same experience with the DAV when my husband was alive and they were his POA. 

If you were paid below the Poverty level ( others here know more about that)-it should not impact on your TDIU.

 

 

 

 

 

 

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I agree with the above.  However, to dot all the I's, and cross all the t's, you need to look in your cfile and see if a doc says you are "unable to maintain SGE due to sc condtions".  

And, yes, Berta is correct, if Social securtiy ALREADY made a determination that you are not able to work and listed the conditions which you know to be service connected, then that should suffice.  

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Posted (edited)
On 5/7/2018 at 5:50 PM, Buck52 said:

Yes Submit that 21 8940 ASAP Request the IU. or disagree with the decision and request the IU P&T be Awarded based on your S.C 90% DISABILITIES.

   However this should already been requested when you got the 90%.

 if your s.c. disability keeps you from working or doing any type of work  including the work you was doing and had to stop because of your S.C. Disability.

.Now you may need to get a Qualified Dr to give his pro medical opinion that in his opinion after examining you , you can not work due to your S.C. Disabilities. and submit your SSDI Records also.

  being on SSD For 20 years that's along time and you should already be on VA  IU.

Anytime a Veteran can work no matter what the income   the VA is shy with giving the IU.

BUT IU is not a good living b/c   just think about the potential that has been taken away from most of us that can't work or do our jobs we went to school for.

a married veteran with spouse  the IU income is only moderate compared to what we could have been making as an income had we not got injured or disease from the military..so the average  40.000 yearly income from VA is a far cry to what could have been.   SSD also Helps but its still not what we could have made. but anything is better than ...>nothing. 

dreams are shattered. and we take what they give us.

I think they should make a IU vet or scheduler 100% vet comp  income twice the amount they pay out now.

Only awarded 80% at this time, but once I receive the official paperwork, I will be appealing a back rating and adding a

Secondary Service Condition request for rating.

And I agree with you about the income levels even on 100%. Back in the mid ninety's, I was making almost 6k a month, hell of a hit in pay over the last 20 plus years.

Edited by CaptainJack

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On 5/8/2018 at 5:18 AM, Berta said:

If you were on SSDI solely for SC PTSD and VA knew that when they gave you the 50% for PTSD, they committed a CUE.

I was at the loocal VAMC many years ago when I overheard a Vietnam vet tell the rep he had SSDI solely for his PTSD ( He was at 30% SC then and apparently was having the rep fill out a request for higher rating," and the rep said..." that is very interesting " and just started talking about something else.

I caught the vet getting into his car a few minutes later and told him to be sure the VA was aware of the SSDI award.

 

At the time the VA was giving me some BS -my husband had died with 2 claims pending (one for higher rating of his 30% SC PTSD) and had been receiving SSDI for PTSD. They said in writing that  SSA refused to  send VA his SSA records. It was absolute BS. They also said they did not have  about a year's worth of extensive psyche records from his VA doctor, to include 6 psyche tests revaling 26 GAF etc.

That was BS too. After a short battle (I was an aggressive claimant) they awarded 100% SC PTSD P & T,with a very favorable EED_-back to the date of his SSDI award date.*

The irony of it all is that SSDI awarded solely on his VA medical records.

* I explained the favorable EED that is awarded under some conditions- when they get receipt of SSDI awards. It is searchable here.

I told the VAMC vet I couldn't help but overhear  the vet rep talking- he said he was surprised the SSDI award he had didnt seem to matter to the rep. I had that same experience with the DAV when my husband was alive and they were his POA. 

If you were paid below the Poverty level ( others here know more about that)-it should not impact on your TDIU.

In my case, I received a VA 10% back rating in 1992, but by the mid ninetys, between my back and my knee(not service conn), I was put out on SSDI total disability. In 2012(and here's a lesson for all, DON"T WAIT TO FILE WITH THE VA), I filed for an increase to the back and for a PTSD rating. Was awarded 30% PTSD, 20% neck and they stayed the course on the back at 10%. For a total of 50%.

Now, as of 3/06/18, my PTSD is 70%, and the rest stayed the same(20 and 10)for a total of 80% rating. I have not received the official paperwork yet(9 days and waiting since they mailed it out), but I will be appealing the back and adding a request for Secondary Service-Connection for compressed spine nerves which make walking difficult(use a cane everyday to steady myself).

So, time will tell on the VA rating game, but in the mean time, I will file for TDIU and if they turn it down, I will appeal and as a last recourse, get an attorney. My loss of income over the last 20 plus years has been huge. I should have got on this sooner, now I'm 65, and my concern is making sure my wife receives some sort of benefit after I'm gone for all she has had to endure.

 

 

 

 

 

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